The Federal High Court sitting in Port Harcourt has granted leave to the Rural Development, Information and Legal Advocacy Centre, RUDILAC, to commence judicial review proceedings against Shearforce Nig. Ltd over the company’s alleged refusal to disclose records relating to public funds received for the Ogoniland cleanup project.
The order was granted on Monday, May 25, 2026, by Justice A.T. Mohammed following an ex parte application filed by RUDILAC, a human rights and public interest organisation.
The case concerns financial and contractual records relating to the cleanup of oil-polluted sites in Ogoniland under the Hydrocarbon Pollution Remediation Project, HYPREP.
RUDILAC had earlier served a Freedom of Information request on Shearforce Nig. Ltd on April 7, 2026, seeking details of public funds allocated to the company for the remediation of a hydrocarbon-impacted site at Wiikayako-1 Yorla Well 10, Kpean, in Khana Local Government Area of Rivers State.
The organisation said the company failed to respond to the request, prompting the application before the court.
By granting leave, the court has cleared the way for RUDILAC to seek an order compelling Shearforce Nig. Ltd to disclose financial and contractual records connected to the cleanup project.
The requested information includes contractual Key Performance Indicators, cleanup targets for the Kpean, Khana cleanup site, and whether any part of the contract was sub-contracted to third parties. Where sub-contracts exist, the applicant is also seeking the identities of the sub-contractors and the value of such arrangements.
Counsel to RUDILAC, Rex Ojugo, Esq., said the case raises an important question on the enforcement of the Freedom of Information Act, 2011, particularly against private companies that receive or utilise public funds.
According to him, Sections 2(7) and 31 of the FOI Act classify private corporate entities as public institutions where they use public funds to execute projects of significant environmental and public interest.
“This case highlights a critical enforcement metric of the Freedom of Information Act 2011. Under Sections 2(7) and 31 of the Act, private corporate entities are legally classified as public institutions whenever they utilise public funds to execute projects of significant environmental and public interest,” Ojugo said.
He added that the statutory obligation to disclose requested information within seven working days applies not only to ministries, departments and agencies but also to private government contractors handling public interest projects.
“The statutory mandate to disclose information within seven working days is as binding upon private government contractors as it is upon core ministries and agencies,” he stated.
The court also granted RUDILAC leave to seek an order compelling the Attorney-General of the Federation to perform his statutory duties under the FOI Act, especially in monitoring, enforcing and ensuring compliance with the provisions of the law.
The applicant maintained that intentional denial of access to public records may constitute a criminal offence under the FOI Act, making Shearforce liable to possible prosecution by the Attorney-General of the Federation.
Following the grant of leave, RUDILAC is expected to serve the substantive motion on notice on the respondents ahead of the hearing.
The matter has been adjourned to June 15, 2026, for hearing of the substantive suit.
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